Hankins v. Layne
Supreme Court of Arkansas
APPEAL from Little River Circuit Court, in Chancery. Hon. H. B. Stuart, Judge. The demurrer confesses the material allegations of the complaint. Two of the settlements attacked had been confirmed by the probate court, and the time for appealing had elapsed.
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APPEAL from Little River Circuit Court, in Chancery. Hon. H. B. Stuart, Judge. The demurrer confesses the material allegations of the complaint. Two of the settlements attacked had been confirmed by the probate court, and the time for appealing had elapsed. Chancery had jurisdiction to correct these settlements, they being fraudulent. 86 Ark.. 383; £6 ib., 373 ; 39 ib.,-; Sip ib., 117, Allowing the lands to be sold for taxes, and buying them in in his own name, and the names of others with whom he was interested, is such a fraud as equity will relieve against. IpO Ark., 393.
1Opinion of the Court
Smoote, Special Judge.
This is a suit in equity by appellant, Emma Hankins, against appellees, John D. Layne and others, to surcharge and falsify the settlements of said John D. Layne, as the executor of Benjamin H. Layne, deceased, for alleged frauds therein, and for the correction of other alleged frauds of said executor in the course of administration, and for partition of the lands of the estate of said deceased.
It is stated in the complaint that Benjamin EL Layne died in Little River county, in 1866, after making his last will and testament, in which the appellee, John D. Layne,. was…
2Cases cited1 opinion
- Trapnall v. HillSupreme Court of Arkansas · 1876
3Cited by29 opinions
- Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
- Nelson v. CowlingSupreme Court of Arkansas · 1909
- Hagey v. Massachusetts Bonding & InsuranceOregon Supreme Court · 1942
- Watson v. HendersonSupreme Court of Arkansas · 1911
- McCracken v. McBeeSupreme Court of Arkansas · 1910
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